Musely Seeds: Terms of Service
These Terms and Conditions ("Terms") apply to the Musely Seeds Program ("Program") offered by Trusper Inc. (collectively, "we", "us", "our", the "Company", or "Trusper") to Musely End Users in good standing ("Member" or "you"). The Musely.com websites and apps are owned and operated by Trusper Inc., its affiliates and licensors. Please read these Terms carefully as they govern all aspects of the Program. By participating in the Program you agree to the Terms. If you want to opt out of the Program, you must send an email to email@example.com. By opting out, you forfeit any seeds earned under the Program.
The Program is designed to reward Musely Members that conduct certain transactions through the Musely website at www.musely.com (the "Site") and the iOS app or AN app. Members are awarded seeds ("Musely Seeds") that they can redeem on the Musely iOS app or the AN app in accordance with these Terms. The effective date ("Effective Date") of this Program is May 20th, 2013.
1. Eligibility to Participate.
Participation in the Program is limited to Musely Registered End Users in good standing who are 18 years of age and older, or the age of majority in their stated of residence, whichever is older and residents of the United States of America or Canada. The Program is maintained for the benefit and participation of individual Members only. Each Member may maintain only one account under the Program. Duplicate accounts will be subject to cancellation. Only the Member named on the account will be entitled to Seeds issued on that account. You do not need to take any special steps to participate in the Program. You are automatically enrolled once you become a Member of Musely.
2. Qualifying Activities.
A set of activities ("Qualifying Activities") defined in the Musely App or website may result in the award of Musely Seeds to Members participating in the Program. Examples of the activities include: Tip ranks in daily "Hot Tip" charts; Tips shared by you to other social networks; registered users invited by you.
The top 100, 250, 1000 tips in designated topics will be rewarded on a daily basis.
3. Musely Seeds.
Trusper may, from time to time in its sole discretion, promote or designate as a particular activity or behavior as a "Musely Seeds Qualifying Activity." No Seeds will be awarded for Qualifying Activities that occur prior to the Effective Date of the Program or before the start date of the promotional offer to which the Seeds Qualifying Activity relates.
Each Seeds Qualifying Activity will result in the award of a certain number of Seeds as specified by Musely. The number of Seeds will typically be displayed on the Site or App prior to your engaging in the Seeds Qualifying Activity or be communicated to you via an email message. The specified Musely Seeds will be added to the account of the Member that engaged in the Seeds Qualifying Activity. Musely Seeds cannot be combined across more than one Member account. Each tip may receive a maximum seeds based on hundreds of engagement factors.
All Musely Seeds are subject to review and verification by Trusper. Trusper reserves the right to withhold or delay the award of Musely Seeds until it has confirmed or cleared the transaction constituting the Seeds Qualifying Activity. Trusper reserves the right, at its sole discretion, to adjust a Member's account status due to computer error, machine malfunction, employee, customer or other error, fraud or other misuse of the Seeds. All decisions of Trusper with respect to the issuance, deduction, adjustment or use of Musely Seeds shall be final and binding on all Members.
Trusper further reserves the right to deduct Musely Seeds already awarded if it discovers in its sole discretion that the Seeds Qualifying Activity was invalid, fraudulent or did not comply with Trusper policies and procedures. For any activity that reverses any Qualifying Activity by you (e.g. the deletion of a Tip or users unlike or dislike your Tip), Trusper reserves the right to deduct the Seeds earned from the Qualifying Activity from your Program account.
Accrued Seeds do not constitute the property of any Member. Seeds are not transferable (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law. Seeds accrued in a Member's account shall be maintained in that account until it is redeemed for an award or until it expires, whichever occurs first.
Your account balance of Seeds is adjusted as Seeds are earned and redeemed. Seeds cannot be redeemed for cash, are not transferable and have no face value. Musely Seeds may only be redeemed for merchandise specified by Musely on its Site or App.
ALL SEEDS EXPIRE IN A MEMBER ACCOUNT SIX (6) MONTHS FROM THE DATE OF LAST QUALIFYING ACTIVITY FOR THAT ACCOUNT.
5. Other Terms and Conditions.
- Participation in the Program is also subject to the Musely Participant Agreement, which can be found at https://www.Musely.com/terms. In the event of any conflict between these Terms and the Musely Participant Agreement, the Musely Participant Agreement shall prevail. Participation in the Program is also subject to any terms and conditions, rules, regulations, policies, and procedures relating to the Program ("Program Rules") that Trusper may, at its discretion, adopt from time to time. Trusper has the sole right to interpret and apply the Program Rules. Each Member shall be responsible for remaining knowledgeable as to the Program Rules and the amount of Seeds in his or her account. The decisions of Trusper shall be final and binding as to all matters relating to the interpretation and application of these Terms or the Program Rules.
- These Terms, together with the Musely Participation Agreement and the Program Rules, represent the entire agreement of the parties with respect to the Program and supersede any and all prior agreements, communications or understandings regarding the same. Trusper reserves the right to modify or terminate this Program at any time, including, but not limited to, changing the Terms, benefits, conditions of participation or earning levels, even though changes may affect the value of the Seeds already accumulated. Trusper may, among other things, withdraw, limit, modify or cancel any award; increase or decrease the Seeds earned by any Qualifying Activity; increase the number of Seeds required for any award; modify or regulate the transferability of awards or benefits; add an unlimited number of blackout dates; or limit the amount of Seeds or awards available to Members. Members, in accumulating Musely Seeds, may not rely upon the continued availability of an award or any Qualifying Activity, and Members may not be able to obtain all offered awards at all times.
- Trusper may modify these Terms or terminate the Program at any time, in its sole discretion, by posting amended Terms or a termination notice on the Seeds section of the Site or the App, or by sending an email to the email address tied to the Member's account with Musely. Such notice shall be effective immediately after it is posted or emailed. If an amendment is not acceptable to you, your only recourse is to opt out of the Program.
- This Program is void outside the United States and where prohibited or restricted by law.
- Trusper may, in its sole discretion, suspend or terminate any Member's account under this Program, including any ability to redeem any Musely Seeds, for any violation of these Terms, the Terms of Service or the Program Rules, or for any fraudulent or other activity that Trusper considers detrimental to the Program or for any other reason that Trusper deems appropriate.
- Each Member is solely responsible for any federal, state and other tax liabilities relating to or arising out of his or her participation in the Program, receipt or redemption of Seeds. Each Member is also responsible for, and if requested, shall pay, any sales and other taxes that may be charged on any award of Seeds, any Seeds Qualifying Activity, or any redemption.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUSPER DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE PROGRAM AND ANY PRODUCT OR SERVICES RECEIVED IN CONNECTION WITH THE PROGRAM, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR OR GENERAL USE OR PURPOSE.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMBER HEREBY RELEASES AND WAIVES, AND TRUSPER AND ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS, SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM THE PROGRAM OR ANY PRODUCTS, SERVICES, MERCHANDISE, FOOD OR OTHER ITEMS RECEIVED IN CONNECTION WITH THE REDEMPTION OF MUSELY SEEDS.
- THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES.
- THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS.
- Trusper is not responsible for printing or typographical errors in any Program related materials; for stolen, lost, late, misdirected items; or for transactions and/or emails that are lost, misdirected, fail to enter into the processing system or are processed, reported or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer or telephonic malfunction or error, including inability to access any website associated with the Program, or process any transaction thereon. If in Trusper's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Program, or if computer virus, bugs, unauthorized intervention, fraud or technical difficulties or failures compromise, or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Program, Trusper reserves the right at its sole discretion to disqualify any individual connected therewith, to modify or suspend the Program, or to terminate the Program.
- These Terms and any legal issues arising out of the Program are governed by and in accordance with the laws of the State of California (exclusive of its rules regarding conflicts of laws). By participating in the Program, each Member agrees that any dispute or claim arising out of or in connection with these Terms or the performance, breach or termination thereof, or the Program, shall be finally settled by arbitration in Santa Clara County, California under the Commercial Arbitration Rules of the American Arbitration Association.